Agenda item

Proposed erection of one dwelling (in lieu of Prior Approval for 1 one-bedroom dwelling, subject of application 22/00045/COUNOT). Resubmission of application 22/00890/FUL.

Members were informed that this application had been referred to Planning Committee as the proposed development would have conflicted with the requirements of the Development Plan, principally Policy SPL2 (Settlement Development Boundaries) of the Tendring District Local Plan 2013-2033 and Beyond Section 2 (adopted January 2022) being located outside of any defined settlement development boundary and had a recommendation of approval.

 

In the opinion of Officers, the proposed dwelling was, on balance, not considered to be materially different in regard to siting or footprint to the development approved under prior approval 22/00045/COUNOT. The overall height of the proposal exceeded that of the existing building, however this was not considered to result in significant harm.

 

The Committee was reminded that the application had been revised following the previously refused scheme 22/00890/FUL, with the dwelling sited significantly closer to the footprint of the existing agricultural building. The access remained as existing and there were no objections from the Highways Authority.

 

The Council’s Tree and Landscape Officer had noted that the application site was set back a considerable distance from the highway and consequently did not feature in the public realm. A row of ‘coppiced’ Willows might need to be removed, however, those trees were not considered to merit retention or formal legal protection by means of a tree preservation order. Soft landscaping was recommended in order to screen the dwelling from views on the northern boundary.

 

It was felt by Officers that sufficient parking and private amenity space had been provided, and that there would not be significant harm to existing neighbouring amenities, subject to conditions and the adherence to the submitted construction management plan.

 

Members were informed that conditions had been included within the Officer recommendation to ensure the provision of biodiversity enhancements and a scheme for the provision and implementation of water, energy and resource efficiency measures for the lifetime of the development.

 

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

 

At the meeting, an oral presentation was made by the Council’s Planning Team Leader (JJ) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting with details of an amendment to recommended Condition 9 as follows: -

 

“9. No development shall commence above slab level until a scheme for the provision and implementation of water, energy and resource efficiency measures for the lifetime of the development shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme such include as a minimum to achieve:

o Agreement of provisions to ensure no more than 105 litres per person per day is used

o Agreement of carbon level

o Agreement of provisions to ensure the development is zero carbon ready

o An electric car charging points per dwelling

o A Water-butt per dwelling

o Compost bin per dwelling

o Agreement of heating of each dwelling/building

o Agreement of a scheme for waste reduction.

 

The scheme shall be fully implemented prior to the first occupancy of the development unless otherwise agreed in writing by the Local Planning Authority. The scheme shall be constructed, and the measures provided and made available for use as may be agreed and thereafter shall be maintained.

 

REASON: To enhance the sustainability of the development through better use of water, energy and resources reduce harm to the environment and result in wider public benefit in accordance with the NPPF.

 

NOTE/S FOR CONDITION:

 

Slab level is normally referring to the concrete slab supported on foundations or directly on the subsoil and is used to construct the ground floor of the development. In any other case, please assume slab level to be the point before any walls and/or development can be visually above ground level or seek confirmation from the Local Planning Authority for your development.”

 

Mollie Foley, the agent acting on behalf of the applicant, spoke in support of the application.

 

Town Councillor Nick Turner, representing Frinton and Walton Town Council, spoke against the application.

 

Matters raised by Members of the Committee:-	Officer’s response thereto:-
A member of the Committee asked if there were inaccuracies in the presentation and report.	The Planning Officer advised that there was an ongoing dialogue with the applicant in respect of condition 9, a section of the condition referring to water had been removed due to its being included in the building regulations section of the report.
A Councillor asked if the application fell within Class Q of the NPPF.	The Planning Manager advised that Class Q permissions had been secured and a full planning application had been submitted for the demolition of the agricultural building.
Concerns were raised regarding the long, narrow driveway proposed.	The Planning Manager advised that criteria was required for prior approval where all material considerations were sought. Class Q took into consideration Highway safety matters. However, it did not consider driveways and access points.
A member of the Committee asked how much the footprint had increased as part of plans.	The Planning Manager advised that the footprint of the site had increased by 25%.

 

Councillor Harris moved that this motion be refused, but having considered advice given by the Planning Manager, he decided to withdraw his motion.

 

Following discussion by the Committee, it was moved by Councillor Alexander seconded by Councillor Fowler and RESOLVED that the Director of Planning  (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following conditions or as may be varied to account for any errors, legal and necessary  updates together with those conditions as may be deemed necessary by the Director of Planning  and the informative notes as may be deemed necessary:

 

Conditions and Reasons:

 

1.    The works to which this consent relate must be begun not later than the expiration of three years beginning with the date of this consent.

 

REASON: To comply with the requirements of Section 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

NOTE/S FOR CONDITION:

 

The development needs to commence within the timeframe provided. Failure to comply with this condition will result in the consent becoming lapsed and unable to be carried out. If commencement takes place after the time lapses this may result in unlawful works at risk of both Enforcement Action and Criminal proceedings. You should only commence works when all other conditions requiring agreement prior to commencement have been complied with.

 

2.    The development hereby permitted shall be carried out in accordance with the drawings/documents listed below and/or such other drawings/documents as may be approved by the Local Planning Authority in writing pursuant to other conditions of this permission or such drawings/documents as may subsequently be approved in writing by the Local Planning Authority as a non-material amendment following an application in that regard (except for Listed Building Consents). Such development hereby permitted shall be carried out in accordance with any Phasing Plan approved, or as necessary in accordance with any successive Phasing Plan as may subsequently be approved in writing by the Local Planning Authority prior to the commencement of development pursuant to this condition. Location Plan Site Plan, Existing and Proposed Floors Plans and Elevations – Drawing – BGN-02 Rev C Planning Statement – Mollie Folley Stanfords December 2022 Construction Method Statement Klargester BioDisc Domestic Sewage Treatment Plant details Electric Vehicle Charging details.

 

REASON: For the avoidance of doubt and in the interests of proper phased planning of the development.

 

NOTE/S FOR CONDITION:

 

The primary role of this condition is to confirm the approved plans and documents that form the planning decision. Any document or plan not listed in this condition is not approved, unless otherwise separately referenced in other conditions that also form this decision. The second role of this condition is to allow the potential process of Non Material Amendment if found necessary and such future applications shall be considered on their merits. Lastly, this condition also allows for a phasing plan to be submitted for consideration as a discharge of condition application should phasing be needed by the developer/s if not otherwise already approved as part of this permission. A phasing plan submission via this condition is optional and not a requirement. Please note in the latest revision of the National Planning Policy Framework (NPPF) it provides that Local Planning Authorities should seek to ensure that the quality of approved development is not materially diminished between permission and completion, as a result of changes being made to the permitted scheme (for example through changes to approved details such as the materials used). Accordingly, any future amendment of any kind will be considered in line with this paragraph, alongside the Development Plan and all other material considerations. Any indication found on the approved plans and documents to describe the plans as approximate and/or not to be scaled and/or measurements to be checked on site or similar, will not be considered applicable and the scale and measurements shown shall be the approved details and used as necessary for compliance purposes and/or enforcement action.

 

3.    Prior to the first occupation of the dwellinghouse, hereby approved, the existing agricultural building (subject of 22/00045/COUNOT) and shown as being demolished on drawing BGN02 Rev C) on the site must be completely demolished and all materials resulting therefrom shall be cleared from the site.

 

Reason – The development hereby permitted has only been supported on the basis that the existing agricultural building be removed from the site to justify their replacement with a single dwelling which ordinarily would be contrary to the development plan which directs new development to sites within settlement development boundaries.

 

4.    Prior to and during construction, if any unexpected ground conditions are encountered during the following processes must be followed:

 

a. All site works at the position of the suspected contamination will stop and the Local Planning Authority and Environmental Health Department will be notified as a matter of urgency.

b. A suitably trained geo-environmental engineer should assess the visual and olfactory observations of the ground and the extent of contamination and the Client and the Local Authority should be informed of the discovery.

c. The suspected contaminated material will be investigated and tested appropriately in accordance with assessed risks. The investigation works will be carried out in the presence of a suitably qualified geo-environmental engineer. The investigation works will involve the collection of solid samples for testing and, using visual and olfactory observations of the ground, delineate the area over which contaminated materials are present.

D. The unexpected, contaminated material will either be left in situ or be stockpiled (except if suspected to be asbestos) whilst testing is carried out and suitable assessments completed to determine whether the material can be re-used on site or requires disposal as appropriate.

e. The testing suite will be determined by the independent geo-environmental specialist based on visual and olfactory observations.

f. Test results will be compared against current assessment criteria suitable for the future use of the area of the site affected.

g. Where the material is left in situ awaiting results, it will either be reburied or covered with plastic sheeting.

h. Where the potentially contaminated material is to be temporarily stockpiled, it will be placed either on a prepared surface of clay, or on 2000-gauge Visqueen sheeting (or other impermeable surface) and covered to prevent dust and odour emissions.

i. Any areas where unexpected visual or olfactory ground contamination is identified will be surveyed and testing results incorporated into a Verification Report.

j. A photographic record will be made of relevant observations.

k. The results of the investigation and testing of any suspect unexpected contamination will be used to determine the relevant actions. After consultation with the Local Authority, materials should either be: o re-used in areas where test results indicate that it meets compliance targets so it can be re-used without treatment; or o treatment of material on site to meet compliance targets so it can be re-used; or o removal from site to a suitably licensed landfill or permitted treatment facility.

L. A Verification Report will be produced for the work.

 

REASON – To ensure that any risks (to future users of the land and neighbouring land and to controlled waters, property and ecological systems) arising from any land contamination are minimised and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

(1)          The Construction Method Statement submitted 06/01/2022 shall be strictly adhered to throughout the construction period for the development. The construction shall be undertaken with registration and adherence to a Considerate Constructors Scheme.

 

REASON: To minimise detriment to nearby residential and general amenity by controlling the construction process to achieve the approved development. This condition is required to be agreed prior to the commencement of any development as any construction process, including site preparation, by reason of the location and scale of development may result adverse harm on amenity.

 

(2)          Prior to the first occupation of the development hereby approved, the vehicle parking area as indicated on the approved plan BGH-02 Rev C has been hard surfaced and sealed. The vehicle parking area and associated turning area shall be retained in this form at all times. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the development unless otherwise agreed with the Local Planning Authority.

 

REASON: To ensure that the development is provided with appropriate parking and turning area to facilitate safe access to the Highway, in the interests of highway safety.

 

7. No development above slab level shall take place until there has been submitted to and approved, in writing, by the Local Planning Authority a scheme of hard, soft and boundary treatment landscaping works for the site, which shall include any proposed changes in ground levels. The landscaping works must including a detailed plan, showing species to be used, planting positions, numbers of trees and shrubs and the sizes of the plants at time of planting and include wildlife friendly, native planting and locations for habitat boxes for roosting bats and nesting birds.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

NOTE/S FOR CONDITION:

 

Slab level is normally referring to the concrete slab supported on foundations or directly on the subsoil and is used to construct the ground floor of the development. In any other case, please assume slab level to be the point before any walls and/or development can be visually above ground level or seek confirmation from the Local Planning Authority for your development. Should the landscape works include any new hedgerow, please consider the following planting for a native hedge. Native hedge: 50% hawthorn, 25% blackthorn (but beware – this can spread into adjacent fields), 15% field maple, 2% holly, 2% wild privet, 2% guelder rose, 2% dog rose, 2% buckthorn.

 

8. All changes in ground levels, soft/hard landscaping shown on the approved landscaping details as submitted and agreed with the Local Planning Authority, shall be carried out in full during the first planting and seeding season (October – March inclusive) following the commencement of the development, or in such other phased arrangement as may be approved, in writing, by the Local Planning Authority up to the first use/first occupation of the development. Any trees, hedges, shrubs or turf identified within the approved landscaping details (both proposed planting and existing) which die, are removed, seriously damaged or seriously diseased, within a period of 10 years of being planted, or in the case of existing planting within a period of 5 years from the commencement of development, shall be replaced in the next planting season with others of similar size and same species unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: To ensure that the approved landscaping scheme has sufficient time to establish, in the interests of visual amenity and the character and appearance of the area.

 

9. No development shall commence above slab level until a scheme for the provision and implementation of water, energy and resource efficiency measures for the lifetime of the development shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme such include as a minimum to achieve:

o Agreement of provisions to ensure the development is zero carbon ready

o An electric car charging points per dwelling

o A Water-butt per dwelling

o Compost bin per dwelling

o Agreement of heating of each dwelling/building

o Agreement of a scheme for waste reduction.

 

The scheme shall be fully implemented prior to the first occupancy of the development unless otherwise agreed in writing by the Local Planning Authority. The scheme shall be constructed, and the measures provided and made available for use as may be agreed and thereafter shall be maintained.

 

REASON: To enhance the sustainability of the development through better use of water, energy and resources reduce harm to the environment and result in wider public benefit in accordance with the NPPF.

 

NOTE/S FOR CONDITION:

 

Slab level is normally referring to the concrete slab supported on foundations or directly on the subsoil and is used to construct the ground floor of the development. In any other case, please assume slab level to be the point before any walls and/or development can be visually above ground level or seek confirmation from the Local Planning Authority for your development.

 

10. No development shall commence above slab level until full details of surface and foul water drainage have been submitted to and approved, in writing, by the Local Planning Authority. No part of the building/s shall be first occupied or brought into use until the agreed method of surface and foul water drainage has been fully installed and is functionally available for use for that building/s. The surface and foul water drainage scheme shall thereafter be maintained as approved.

 

REASON: To safeguard the ground water environment from harm and minimise the risk of flooding.

 

NOTE/S FOR CONDITION:

 

This condition is imposed to ensure the potential impact on a sensitive area is considered and harm avoided that may be detrimental to amenity and the environment. Slab level is normally referring to the concrete slab supported on foundations or directly on the subsoil and is used to construct the ground floor of the development. In any other case, please assume slab level to be the point before any walls and/or development can be visually above ground level or seek confirmation from the Local Planning Authority for your development.

 

11. Notwithstanding Section 55 (2)(a)(ii) of the Town and Country Planning Act 1990 as amended and the provisions of Schedule 2 Part 1 Classes A, B, C, D and E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification),no extensions, additions, outbuildings, porches or other alterations to the dwellings shall be carried out except in complete accordance with details which shall previously have been approved, in writing, by the Local Planning Authority following the submission of a planning application for such development.

 

REASON: To minimise and retain control over the amount of development in this rural location and to maintain sustainable development principles.